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This is the latest version of this By-law.
Control of Cemeteries By-law, 2004
- Published in Western Cape Provincial Gazette no. 6181 on 22 October 2004
- Commenced on 22 October 2004
- [Up to date as at 5 June 2020]
Purpose of by-law• To provide for cemeteries for the burial of dead bodies;• To provide for procedures, methods and practices to regulate the burial and exhumation of dead bodies, the provision of grave plots and the maintainance thereof.
1. DefinitionsIn this by-law, words used in the masculine gender include the feminine, the singular includes the plural and vice versa, the Afrikaans text prevails in the event of an inconsistency between the different texts and unless the context otherwise indicates:—"berm" means a concrete strip laid by the Municipality on a grave plot, on which a memorial stone, if any, is to be erected;"body" shall mean any dead human body, including the body of any stillborn child;"burial" means burial in the earth or some other form of internment and shall include any other mode of disposal of a body;"burial order" means an order issued in terms of the Births and Deaths Registration Act, 1992 (Act 51 of 1992);"cemetery" means any burialplace which, as contemplated in section 3, has been duly set apart by the Municipality for the burial or disposal of bodies within the municipal area of Cederberg;"holder of reservation certificate" means a person to whom a certificate has been issued in terms of section 10 or transferred to in terms of section 11;"municipal area" means the area described in Clause 2(1) of the Establishment Notice published under Provincial Notice 482 dated 22 September 2000;"municipality" means the Municipality of Cederberg established in terms of Section 12 of the Municipal Structures Act, 117 of 1998, Provincial Notice 482 dated 22 September 2000 and includes any political structure, political office bearer, councillor, duly authorised agent thereof or any employee thereof acting in connection with this by-law by virtue of a power vested in the municipality and delegated or sub-delegated to such political structure, political office bearer, councillor, agent or employee;"name" includes any identifying description of a deceased human being who possessed no name or whose name is unknown.
2. ApplicationThis by-law shall be applicable in the municipal area of Cederberg.
3. EstablishmentThe Municipality may set apart any area as a cemetery for the burial of the dead of any religious denomination or other body or community; provided that such setting apart shall not entitle any person to be buried in any particular place in a cemetery.
4. ControlCemeteries shall be under the control of the Municipality.
5. Authority for burial
6. Hours of burialExcept with the permission of the municipality, who shall record the circumstances under which such permission is granted, no person shall bury a body in a cemetery during the hours between sunset and sunrise.
7. Register of burials
8. Demarcation of grave plotsThe municipality shall demarcate grave plots in accordance with an approved layout plan.
9. General provisions realating to cemeteries and burials
10. Reservation of grave plots
11. Provisions relating to the transfer of certificates of reservation
12. Burial orders: numbering of graves
13. Removal of monuments or structuresIf it is necessary to remove a monument or other structure for the purpose of a burial, it shall be removed by the holder of the certificate of reservation in respect of such plot or by his duly authorised representatives not less than eight working hours before the burial is to take place.
14. Grave to be identifiedIn every case where a burial has been authorised in terms of section 12, the municipality shall number the plot allotted for such burial and no person shall bury any body in any grave other than that allotted by the municipality for such purpose.
15. Dimensions of graves
16. Provisions relating to grave plots
17. Burials in one graveIn the case of a family, more than two bodies may be buried in one single grave at the discretion of the municipality; provided that not more than two coffins shall be used; provided further that the lid of the second coffin placed in the grave under no circumstances be less than 900 mm from the surface, that, in the event of the reopening of the grave for the purpose of the burial of a further body, a layer of soil not less than 150 mm thick shall be left undisturbed above the coffin previously placed in the grave and that, if on the reopening of any grave the soil is found to be offensive, the reopening shall not be proceeded with and the grave shall be refilled.
18. Preparation of graves, and coffins
19. Provisions relating to funerals
20. Provisions relating to exhumations
21. Provisions relating to memorial stones or monuments
22. Grave plots supplied with a bermNotwithstanding anything to the contrary contained in this by-law, a grave plot which is supplied with a berm shall be subject to the following conditions:(a)No kerbing shall be erected on such a plot.(b)The base of a memorial stone shall not be larger than 610 mm by 260 mm; provided that the base of a memorial stone which is erected over two adjoining grave plots may be 1 220 mm by 260 mm.(c)A memorial stone which is erected shall not protrude beyond the base and shall be at least 120 mm from the front edge of the berm.
23. Maintenance of graves
24. Provisions relating to persons dying outside the municipal area
25. Fees payableAll fees payable in respect of burials shall be determined by the municipality from time to time.
26. Offences and penaltiesAny person contravening the provisions of this by-law shall be guilty of an offence and liable on conviction to—
- Entire By-law
- 1. Definitions
- 2. Application
- 3. Establishment
- 4. Control
- 5. Authority for burial
- 6. Hours of burial
- 7. Register of burials
- 8. Demarcation of grave plots
- 9. General provisions realating to cemeteries and burials
- 10. Reservation of grave plots
- 11. Provisions relating to the transfer of certificates of reservation
- 12. Burial orders: numbering of graves
- 13. Removal of monuments or structures
- 14. Grave to be identified
- 15. Dimensions of graves
- 16. Provisions relating to grave plots
- 17. Burials in one grave
- 18. Preparation of graves, and coffins
- 19. Provisions relating to funerals
- 20. Provisions relating to exhumations
- 21. Provisions relating to memorial stones or monuments
- 22. Grave plots supplied with a berm
- 23. Maintenance of graves
- 24. Provisions relating to persons dying outside the municipal area
- 25. Fees payable
- 26. Offences and penalties
- First Schedule
- Second Schedule
- Third Schedule
History of this By-law
22 October 2004 this versionPublished in Western Cape Provincial Gazette no. 6181By-law commences.